Free Migration Project uses the courts to push for recognition of migration as a fundamental human right. In 2017, Free Migration Project and separate pro bono counsel are representing an asylum-seeking client before the Third Circuit Court of Appeals. The case will challenge the legal framework the Board of Immigration Appeals uses to adjudicate “particular social group” asylum claims. The National Immigrant Justice Center is serving as co-counsel and coordinating amicus briefs in support of the case.

Litigation is one tool that can be used to support community-led initiatives to protect the rights of immigrants. Free Migration Project will utilize public interest litigation to further the rights and interests of immigrants. Potential projects include pursuing voting rights for disenfranchised immigrants, challenging laws that exclude undocumented immigrants from access to health care, and confronting the employment authorization regime that criminalizes immigrant labor.